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Where mangroves tangle, the tour companies do, too

Linda Brotherson of Erie, Penn., begins a kayak trip at South Lido County
Park.

STAFF PHOTO / DAN WAGNER

By ROBERT ECKHART

Published: Wednesday, April 14, 2010 at 1:00 a.m.

Last Modified: Tuesday, April 13, 2010 at 11:45 p.m.

SARASOTA - Kayaking in the mangrove tunnels of south Lido Key is a trip through the belly of a saltwater swamp. Mangroves reach up 40 feet high and black crabs scuttle along the red branches, a few inches from your face, as you slip through the maze.

A local secret just a few years ago is now an ecotourism hot spot. Ten companies vie to provide tours through the "exotic mangrove tunnels" that are advertised on fliers, sandwich boards and ecotourism Web sites.

South Lido Nature Park, where paddlers begin their tour, is also where deputies launched their first-ever undercover kayak rental sting.

The target of that sting was David Wells, of Almost Heaven Kayak Adventures, who commands two trailers, carrying 16 kayaks each, that are parked at South Lido most of the time at the height of tourist season.

A former mental health counselor and park ranger, Wells, 52, started in 2002 with a few kayaks and now runs the biggest kayak tour company in the area.

Competitors have complained about Wells for months, saying he moved into the nature park like an occupying force, using the picnic tables as an office and wooing customers by breaking the rules.

There is no mistaking the edge in the once-friendly banter between some of the tour guides, though everyone is careful to keep the disputes out of earshot of the customers.

There have been a few face-to-face quarrels, a few calls to police, and more than a few nasty e-mails as Wells' critics try to sic county regulators on him, alleging violations of rules that prohibit solicitation in parks.

"He took the latitude that the parks department had extended to us and abused it," says Laurel Kaiser, owner of Island Style Watersports, a competitor. "He's over there just eating our lunch."

As traffic in the mangroves peaks this month, the first spectacle you are likely to notice as you approach the water is an array of up to 50 kayaks set out in the sand, a multicolored display that does not quite evoke serenity.

Paddles in cyberspace

Wells may wear flip-flops and sunglasses to work, but that does not mean he takes it lightly.

He says the complaints about him amount to professional jealousy.

"Certainly we're on the hot seat and people are angry at us because we started from nothing," Wells said. "I'm not mad at anybody. They have their reasons. But we're operating a legitimate business."

While his top competitors are bait and outdoor stores that offer kayak tours on the side, Wells targeted the kayaking niche.

Early on, he and his wife, Kristen Moriarty, snapped up the Web domain name kayakfl.com, and built a slick Web site that the competition is still trying to match.

Moriarty, with a master's degree in marketing, runs the site and keeps up partnerships with dozens of hotels, condo rental outlets and concierges.

Nobody questions their business acumen. But competitors say they are also hogging the most popular kayaking spot around.

"They arrive around dawn, set up their business and conclude after dark," Al Hurxthal, manager of Economy Tackle on U.S. 41, wrote in a March e-mail to county officials.

"It would be very easy for us to mimic his business plan, send two trailers for the next two months and do a substantial business. ... It just does not seem right that he be allowed to hurt us all like this."

Wells counters by sending data to the county that indicates virtually none of his customers are walk-ups - which he says also proves he is not 'soliciting' in the park, and that most are attracted by the Web site.

None of that changes the fact that Almost Heaven's two trucks and a few employees are out there at South Lido longer and more consistently than the competition.

"The only reason the other businesses haven't gone down and done that is they don't want to ruin it for everyone else," says Frank Miller, another guide who competes with Almost Heaven. "You would have a flea market."

The sting

First, the complaints about Wells prompted no-this, no-that signs to pop up at the park. No Soliciting. No Parking.

Then there was a round of evidence gathering and rumors about further crackdowns. Wells began to photograph other kayak tour guides taking money in the park. Most everybody was accepting tips there (before the 'No Gratuities' sign).

Miller says he wanted to stay out of the whole thing. Then Wells tried to get a photograph of him taking a tip, and Miller struck back.

On Sept. 1, 2009, Miller spent several hundred dollars to incorporate his own firm, called Almost Heaven Kayak Adventures, LLC.

Miller's corporation only exists on paper, and the only effect of it was to make it impossible for Wells to incorporate under that name.

"Just to throw a wrench in his day for the kindness he had shown to me," Miller said.

The kayak sting was three days later, on Sept. 4.

County rules forbid anyone from collecting money, handing out advertising material or running a business in parks and beaches.

The rules are there to stop hawkers from selling time shares or jewelry or ice cream to people who are trying to relax.

According to Wells, the sting started with a phone call from a guy who wanted to rent a kayak on a stormy day.

"I actually talked him out of the rental for his safety as there were several thunderstorms in the area," Wells wrote later, in an e-mail to a county commissioner.

The deputy showed up in person the next day, clad in plaid shorts and a T-shirt.

Not far from the red-lettered "No Solicitation" sign, the deputy paid Wells $45 cash to rent a kayak.

Wells says it "bordered on entrapment."

But he signed a pretrial diversion agreement, paid a $165 fine and attended a daylong "behavior modification" course.

Wells says he did quite well, considering that when he was a mental health counselor he used to teach the same class.

So far, there is no indication that it has helped everyone get along better at the South Lido Nature Park. Tension between the guides has never been greater.

Now the county is considering more rules. Permits could be required for large groups. The guides might have to get special permits to work in the park.

Or the county could contract with one company that would do all of the kayak tours for that area, with the government getting a piece of the profits.

All the talk of rules - and of no business at all - has the tour companies on edge.

While the county mulls its options, George Tatge, manager of beaches and natural areas, says he is also keeping in mind what he has not heard: a single complaint from a customer, or a resident, about their experience on the water.

<p><em>SARASOTA</em> - Kayaking in the mangrove tunnels of south Lido Key is a trip through the belly of a saltwater swamp. Mangroves reach up 40 feet high and black crabs scuttle along the red branches, a few inches from your face, as you slip through the maze.</p><p>A local secret just a few years ago is now an ecotourism hot spot. Ten companies vie to provide tours through the "exotic mangrove tunnels" that are advertised on fliers, sandwich boards and ecotourism Web sites. </p><p>South Lido Nature Park, where paddlers begin their tour, is also where deputies launched their first-ever undercover kayak rental sting.</p><p>The target of that sting was David Wells, of Almost Heaven Kayak Adventures, who commands two trailers, carrying 16 kayaks each, that are parked at South Lido most of the time at the height of tourist season.</p><p>A former mental health counselor and park ranger, Wells, 52, started in 2002 with a few kayaks and now runs the biggest kayak tour company in the area.</p><p>Competitors have complained about Wells for months, saying he moved into the nature park like an occupying force, using the picnic tables as an office and wooing customers by breaking the rules.</p><p>There is no mistaking the edge in the once-friendly banter between some of the tour guides, though everyone is careful to keep the disputes out of earshot of the customers.</p><p>There have been a few face-to-face quarrels, a few calls to police, and more than a few nasty e-mails as Wells' critics try to sic county regulators on him, alleging violations of rules that prohibit solicitation in parks.</p><p>"He took the latitude that the parks department had extended to us and abused it," says Laurel Kaiser, owner of Island Style Watersports, a competitor. "He's over there just eating our lunch."</p><p>As traffic in the mangroves peaks this month, the first spectacle you are likely to notice as you approach the water is an array of up to 50 kayaks set out in the sand, a multicolored display that does not quite evoke serenity.</p><p><b>Paddles in cyberspace</p><p></b></p><p>Wells may wear flip-flops and sunglasses to work, but that does not mean he takes it lightly.</p><p>He says the complaints about him amount to professional jealousy.</p><p>"Certainly we're on the hot seat and people are angry at us because we started from nothing," Wells said. "I'm not mad at anybody. They have their reasons. But we're operating a legitimate business."</p><p>While his top competitors are bait and outdoor stores that offer kayak tours on the side, Wells targeted the kayaking niche. </p><p>Early on, he and his wife, Kristen Moriarty, snapped up the Web domain name kayakfl.com, and built a slick Web site that the competition is still trying to match.</p><p>Moriarty, with a master's degree in marketing, runs the site and keeps up partnerships with dozens of hotels, condo rental outlets and concierges.</p><p>Nobody questions their business acumen. But competitors say they are also hogging the most popular kayaking spot around.</p><p>"They arrive around dawn, set up their business and conclude after dark," Al Hurxthal, manager of Economy Tackle on U.S. 41, wrote in a March e-mail to county officials.</p><p>"It would be very easy for us to mimic his business plan, send two trailers for the next two months and do a substantial business. ... It just does not seem right that he be allowed to hurt us all like this."</p><p>Wells counters by sending data to the county that indicates virtually none of his customers are walk-ups - which he says also proves he is not 'soliciting' in the park, and that most are attracted by the Web site.</p><p>None of that changes the fact that Almost Heaven's two trucks and a few employees are out there at South Lido longer and more consistently than the competition.</p><p>"The only reason the other businesses haven't gone down and done that is they don't want to ruin it for everyone else," says Frank Miller, another guide who competes with Almost Heaven. "You would have a flea market."</p><p><b>The sting</p><p></b></p><p>First, the complaints about Wells prompted no-this, no-that signs to pop up at the park. No Soliciting. No Parking.</p><p>Then there was a round of evidence gathering and rumors about further crackdowns. Wells began to photograph other kayak tour guides taking money in the park. Most everybody was accepting tips there (before the 'No Gratuities' sign).</p><p>Miller says he wanted to stay out of the whole thing. Then Wells tried to get a photograph of him taking a tip, and Miller struck back.</p><p>On Sept. 1, 2009, Miller spent several hundred dollars to incorporate his own firm, called Almost Heaven Kayak Adventures, LLC.</p><p>Miller's corporation only exists on paper, and the only effect of it was to make it impossible for Wells to incorporate under that name.</p><p>"Just to throw a wrench in his day for the kindness he had shown to me," Miller said.</p><p>The kayak sting was three days later, on Sept. 4. </p><p>County rules forbid anyone from collecting money, handing out advertising material or running a business in parks and beaches.</p><p>The rules are there to stop hawkers from selling time shares or jewelry or ice cream to people who are trying to relax.</p><p>According to Wells, the sting started with a phone call from a guy who wanted to rent a kayak on a stormy day.</p><p>"I actually talked him out of the rental for his safety as there were several thunderstorms in the area," Wells wrote later, in an e-mail to a county commissioner.</p><p>The deputy showed up in person the next day, clad in plaid shorts and a T-shirt.</p><p>Not far from the red-lettered "No Solicitation" sign, the deputy paid Wells $45 cash to rent a kayak. </p><p>Wells says it "bordered on entrapment."</p><p>But he signed a pretrial diversion agreement, paid a $165 fine and attended a daylong "behavior modification" course.</p><p>Wells says he did quite well, considering that when he was a mental health counselor he used to teach the same class.</p><p>So far, there is no indication that it has helped everyone get along better at the South Lido Nature Park. Tension between the guides has never been greater.</p><p>Now the county is considering more rules. Permits could be required for large groups. The guides might have to get special permits to work in the park.</p><p>Or the county could contract with one company that would do all of the kayak tours for that area, with the government getting a piece of the profits.</p><p>All the talk of rules - and of no business at all - has the tour companies on edge.</p><p>While the county mulls its options, George Tatge, manager of beaches and natural areas, says he is also keeping in mind what he has not heard: a single complaint from a customer, or a resident, about their experience on the water.</p><p><empty></p>